Current through Register Vol. 63, No. 3, March 1, 2024
(1) As required by ORS
459A.007, certain local
governments must implement the waste prevention education and reuse program
element listed in section (2) in this rule and choose two or four additional
elements from sections (3) through (8) of this rule, depending on the local
governments' populations and locations. Each city that is within a metropolitan
service district or with a population of greater than 50,000 and each county
that is responsible for the area between city limits and the urban growth
boundary of a city with a population of greater than 50,000 or the area outside
of city limits but within a metropolitan service district urban growth boundary
must implement either: the waste prevention and reuse program element in
section (2) and at least four additional elements from sections (3) through (8)
of this rule; or an alternative program that is designed to achieve similar
benefits as this rule and complies with OAR
340-090-0080(7).
Each city with a population of greater than 10,000 but no more than 50,000,
that is within a county of greater than 100,000 population, and each county of
greater than 100,000 population that is responsible for the area between city
limits and the urban growth boundary of a city with a population of greater
than 10,000 but no more than 50,000 must implement either: the waste prevention
and reuse program element in section (2) and at least two additional elements
from sections (3) through (8) of this rule; or an alternative program that is
designed to achieve similar benefits as this rule and complies with OAR
340-090-0080(7).
Waste prevention education and reuse program elements in this rule that are
implemented by a county or metropolitan service district may be used by a city
within the county or metropolitan service district to meet the requirements of
this rule, provided that the elements are made available throughout the entire
city, including the area between the city limits and the urban growth boundary
of that city. Waste prevention and reuse program elements implemented by a
metropolitan service district may be used by a county that includes or is
within the metropolitan service district to meet the requirements of this
section, provided that the elements are made available throughout the entire
urban growth boundary of the metropolitan service district.
(2) Citywide or countywide education and
promotion. A citywide or countywide education and promotion program about the
environmental benefits of, and opportunities to reduce the generation of waste
through, waste prevention and reuse.
(a) The
education and promotion program must include the following components:
(A) Information for existing residential and
commercial collection service customers that:
(i) Is designed to reach solid waste
generators and is provided at least four times per calendar year through:
written notice, an effective alternative, or some combination of
both;
(ii) Describes the benefits
of generating less waste in terms of the reduction in a material's
environmental impact as part of its life cycle, including upstream impacts,
such as resource extraction and manufacturing; and
(iii) Addresses how to generate less waste,
how to reuse materials, and solutions to common challenges to waste prevention
and reuse.
(B) An
activity targeting at least one community or one media event each year that
promotes waste prevention and reuse, such as a waste prevention booth at a
county fair or a community cleanup event that includes a sale or giveaway
component to encourage reuse of discarded articles. This activity or event must
be in addition to any campaigns used to comply with sections (3) or (4) of this
rule. An activity or event may promote waste prevention activities, reuse
activities, or some combination of both.
(b) To reach the maximum number of
residential and commercial solid waste generators, the education and promotion
program must utilize a variety of materials and media formats to disseminate
information.
(c) Each local
government must submit to DEQ a program plan during the first year the plan is
in effect. The plan must use either a format that DEQ provides or an
alternative written format chosen by the local government. Thereafter, the
local government must submit a summary of activities in the plan to DEQ at the
same time the local government submits its periodic report under OAR
340-090-0100. The plan must
describe how it will implement the elements in subsections (2)(a) and (3)(b) of
this rule, including:
(A) A description of
the information to be provided, including messages to be conveyed, program
material format and general content, and schedules for distribution;
(B) A description of how the information
meets the needs of various types of residential generators, such as
multi-family or rural residents, and various types of commercial and
institutional generators;
(C) A
description of how information will be provided, such as through events,
volunteer activities, community meetings and presentations, or door-to door
outreach; and
(D) A description of
who will provide the information, such as local government staff, collectors,
depot operators, disposal site operators, and non-governmental
organizations.
(3) Waste prevention campaign targeting
residential generators. A waste prevention campaign targeting residential
generators of waste and focused on one or more toxic or energy intensive
materials or consumer purchasing practices. As used in this section, "consumer
purchasing practices" means the act of purchasing a toxic or energy intensive
material, a product containing toxic materials, or a product consisting at
least 50 percent by weight of energy intensive materials. A food rescue program
is not a waste prevention campaign for the purpose of complying with this
section. The campaign must meet the following criteria:
(a) For either a campaign that DEQ provides
or an alternative campaign that the local government chooses and DEQ approves,
each local government must develop, submit to DEQ, and implement a campaign
plan that:
(A) Identifies at least one
specific waste generating behavior or practice targeted for change;
(B) Describes the campaign's
strategy;
(C) Describes the
campaign materials' general content, format, and delivery methods;
(D) Provides an implementation schedule;
and
(E) Describes a performance
measurement plan that specifies one or more outcomes that the local government
will use to demonstrate its campaign reached the target audience or achieved
its waste prevention objective.
(b) Campaign materials must include multiple
components that may be used sequentially or on a rotational basis to meet the
required refreshing schedule in subsection (3)(c) of this rule. Such components
may include materials using:
(A) Different
visual images to convey core messaging;
(B) Variations on core messaging language;
or
(C) A variety of media, such as
print, websites, social media, or radio.
(c) The duration of a campaign may not exceed
five years, and the local government's implementation schedule must include a
schedule for refreshing components of the campaign at least once every two
years. To "refresh" components of a campaign means to use new or different
components to deliver messages in a different way. A local government may also
request, and DEQ may approve, a campaign duration or implementation schedule
that differs from this subsection's schedule for refreshing components provided
that the local government can demonstrate:
(A) That the campaign or one of its
components has contributed to the desired behavior change; and
(B) That continuing the campaign or one of
its components is likely to result in further desired changes in behavior or
practices.
(d)
Educational materials used in this campaign must be in addition to educational
materials used to satisfy the requirements of section (2) of this
rule.
(4) Waste
prevention campaign targeting commercial generators. A waste prevention
campaign targeting commercial or institutional generators of waste and focused
on one or more toxic or energy intensive materials or consumer purchasing
practices. As used in this section, "consumer purchasing practices" means the
act of purchasing a toxic or energy intensive material, a product containing
toxic materials, or a product consisting at least 50 percent by weight of
energy intensive materials. A targeted business assistance program qualify as a
campaign if that program includes components that promote changes in waste
generating behavior or practices consistent with the requirements of this
section and targets businesses with applicable waste generating behaviors or
practices. A food rescue program is not a waste prevention campaign for the
purpose of complying with this section. The campaign must meet the following
criteria:
(a) For either a campaign DEQ
provides or an alternative campaign the local government chooses and DEQ
approves, each local government must develop, submit to DEQ, and implement a
campaign plan that:
(A) Identifies at least
one specific waste generating behavior or practice targeted for
change;
(B) Describes the
campaign's strategy;
(C) Describes
the campaign materials' general content, format and delivery methods;
(D) Provides an implementation schedule;
and
(E) Describes a performance
measurement plan that specifies one or more outcomes that the local government
will use to demonstrate its campaign reached the target audience or achieved
its waste prevention objective.
(b) Campaign materials must include multiple
components that may be used sequentially or on a rotational basis to meet the
required refreshing schedule in subsection (5)(c) of this rule. Such components
may include materials using:
(A) Different
visual images to convey core messaging;
(B) Variations on core messaging language;
or
(C) A variety of media, such as
print, websites, social media, or radio.
(c) The duration of a campaign may not exceed
five years, and the local government's implementation schedule must include a
schedule for refreshing components of the campaign at least once every two
years. To "refresh" components of a campaign means to use new or different
components to deliver messages in a different way. A local government may also
request, and DEQ may approve, a campaign duration or implementation schedule
that differs from this subsection's schedule for refreshing components provided
that the local government can demonstrate:
(A) That the campaign or one of its
components has contributed to the desired behavior change; and
(B) That continuing the campaign or one of
its components is likely to result in further desired changes in behavior or
practices.
(d)
Educational materials used in this campaign must be in addition to educational
materials used to satisfy the requirements of section (2) of this
rule.
(5) Education
program in schools. A waste prevention and reuse education program in
elementary and secondary schools must satisfy the following criteria:
(a) Each local government must develop,
submit to DEQ, and implement a plan to deliver elementary and secondary school
education and promotion programs, that:
(A)
Identifies groups or classes of students;
(B) Describes how the program will engage the
students;
(C) Identifies at least
one specific waste generating behavior or practice targeted for change and
barriers to that change;
(D)
Provides an implementation schedule; and
(E) Describes a performance measurement plan
that specifies one or more outcomes that the local government will use to
demonstrate its education program reached the students or achieved its waste
prevention and reuse objectives.
(b) The education program must address
students in both elementary and secondary schools and may include activities
such as:
(A) Classroom
presentations;
(B) School
assemblies;
(C) Classroom
curricular activities, such as service learning projects;
(D) After school programs;
(E) Field trips with a substantial focus on
reducing waste generation, such as tours of tool libraries or food rescue
facilities; or
(F) Student
education implemented as part of in-school waste prevention and reuse programs,
such as school cafeteria projects to measure and reduce food
waste.
(c) If the program
is a general waste prevention and reuse education and outreach program designed
primarily to deliver information and increase knowledge about actions that
support waste prevention and reuse, then the program must provide education to
at least 5 percent of all elementary and secondary students attending public
school within the area served by the local government in each calendar year for
which this element is used to comply with waste prevention and reuse program
requirements, or 10 percent of all students where a program is being
implemented over two consecutive years. A local government may use total
enrollment numbers reported to the Oregon Department of Education to determine
the number of students its program must reach or may propose, with
justification, to DEQ an alternative total enrollment number. A local
government may, at its discretion, provide education to private school students
or to students attending school while in a correctional facility to meet
required targets. A city or county may comply with this element through
compliance by its county or metropolitan service district provided that:
(A) The education by the county or
metropolitan service district is made available to all schools within the area
served by the local government using this element to comply with waste
prevention and reuse requirements; and
(B) The county or metropolitan service
district is providing the education to at least this element's percentage
threshold of elementary and secondary students in each calendar year for which
this element is used to comply.
(d) A local government may propose a metric,
besides the percentage in subsection (5)(c) of this rule, for approval by DEQ
that allows for more in-depth programs designed to engage a smaller number of
students. The proposal must explain how targeting a smaller number of students
supports longer-term engagement in elementary and secondary education on waste
prevention and reuse.
(e) Local
governments may not use education programs used to demonstrate compliance with
the requirements of OAR
340-090-0042(5)
to demonstrate compliance with any other waste prevention and reuse program
element in this rule.
(6)
Funding or infrastructure support program. A program either for the provision
of city, county, or wasteshed funding or for the provision of city, county, or
wasteshed infrastructure support to promote and sustain reuse, repair, leasing
or sharing efforts. The program must meet the following criteria:
(a) A local government must identify the
specific forms of funding or infrastructure support the local government will
provide to support reuse, repair, leasing or sharing activities and describe
how the funding or infrastructure support contributes to sustaining and, where
possible, expanding reuse, repair, leasing or sharing efforts within the local
government unit.
(b) Support must
be provided annually unless a local government provides funding or monetized
infrastructure support in an amount larger than that required under subsection
(6)(c) of this rule and the amount of that funding or monetized support, when
amortized over multiple years, is at least equivalent to the annual support the
local government would otherwise provide.
(c) If a city, county, or wasteshed chooses
to use direct funding to comply with the requirements of this section, annual
funding must be no less than $0.17 per local government unit resident for
jurisdictions with populations up to 100,000 in population and $17,000 plus
$0.10 per local government unit resident above 100,000 in population for
jurisdictions with populations above 100,000, adjusted annually for inflation
from a base year of 2016 using the West Region Consumer Price Index for All
Urban Consumers for All Items, as published by the Bureau of Labor Statistics
of the United States Department of Labor.
(d) If a city, county, or wasteshed chooses
to provide infrastructure support to comply with the requirements of this
section, that support must result in a reuse, repair, lease or sharing
opportunity that is provided continuously or on at least 1 day per year for
every 50,000 in the local government unit's population or monetized at a value
equal to the funding required in subsection (6)(c) of this rule.
(e) Funding may include: grants; payments on
behalf of organizations for equipment; funding to cover the costs of outreach
efforts, such as website development, development of social media venues and
media buys; or funding to allow reuse, repair, or sharing organizations. to pay
staff or contractors for program development, implementation, or both. However,
funding of outreach efforts does not qualify as satisfying this element if that
outreach is also used to satisfy the technical assistance requirements of
section (7) of this rule.
(f) A
city or county may comply with this element through compliance by its county or
metropolitan service district provided that the infrastructure supported by the
county or metropolitan service district is accessible and convenient to
residents and businesses of the city or county.
(7) Technical assistance program. A program
for the provision of city or wasteshed technical assistance to promote and
sustain the reuse, repair or leasing of materials or other sharing of efforts
to reduce waste. The program must meet the following criteria:
(a) A local government must identify the
specific forms of technical assistance the local government will provide to
support reuse, repair, leasing or sharing activities and must describe how the
technical assistance contributes to sustaining and, where possible, expanding
reuse, repair, leasing or sharing efforts within the local government
unit.
(b) A local government may
satisfy the requirements of this element through a partnership with another
governmental agency, a local non-governmental organization or private
enterprise provided that this partnership is documented in a written agreement,
such as a memorandum of understanding, an intergovernmental agreement, a
franchise agreement or other contract vehicle, and:
(A) The agreement specifies the local
government's contribution to the partnership. The local government's
contribution must be more than nominal support. Examples of sufficient
contributions include supporting ordinances or waived fees, including license
fees, commitments to support volunteer recruitment, requirements that a partner
implements a program on behalf of a local government, promotion that supports
implementation of the partner organization's project, facilitating community
meetings or workshops to support information exchange or project development,
participation of local government staff on organizational boards, and providing
communications channels through local government websites or other media;
and
(B) The agreement specifies
annual reporting of outcomes, such as increased borrowing at a tool library,
pounds of building materials or household goods salvaged from solid waste
disposal, or number and types of materials exchanged through a commercial or
residential exchange website or distribution center that can be linked to the
partnership and demonstrate year-to-year progress in reuse, repair or otherwise
reducing waste.
(c)
Technical assistance in the form of promotion, outreach or education used to
comply with the requirements of OAR
340-090-0042(7)
cannot also be used to demonstrate compliance with any other waste prevention
and reuse program element.
(8) Food rescue program support. Support by a
local government for a food rescue program. The local government's support must
meet the following criteria:
(a) The local
government must identify and describe specific support for a food rescue
program within the local government unit.
(b) A local government's support must include
at least two of the following components:
(A)
A review of local health ordinances or other local government regulations that
may create regulatory barriers to food rescue, identifying regulatory barriers
to food rescue, and implementing solutions needed to facilitate food rescue.
Such solutions could include, but are not limited to, recommending revisions to
regulations or seeking authorization from a local health agency to take an
action necessary to facilitate food rescue. Local ordinance review would be
sufficient to constitute support for one component for two years.
(B) Funding, which may include: grants or
payments on behalf of organizations for equipment, vehicles or building space;
and stipends or other payments for gleaners and other food rescue workers. The
annual amount of such funding must be no less than $0.17 per local government
unit resident for jurisdictions with populations up to 100,000 in population
and $17,000 plus $0.10 per local government unit resident above 100,000 in
population for jurisdictions with populations above 100,000, adjusted annually
for inflation from a base year of 2016 using the West Region Consumer Price
Index for All Urban Consumers for All Items, as published by the Bureau of
Labor Statistics of the United States Department of Labor.
(C) Infrastructure support that may include:
providing space for rescued food storage; loan of vehicles for food transport;
and development and implementation of donor matching programs or farm to food
bank programs. Infrastructure support must result in a food rescue opportunity
that is provided continuously or on at least one day per year for every 50,000
residents in the local government unit or monetized at a value equal to the
funding required in paragraph (8)(b)(B) of this rule.
(D) Technical assistance that may include:
convening meetings to assist in developing a food rescue program; a local
government website page to inform and promote food rescue opportunities;
providing other program education and promotional support; developing success
stories for use in promotional materials; and supporting measurement programs
to help develop programs and demonstrate the efficacy of food
rescue.
(c) A local
government may satisfy the technical assistance requirements of this element
through a partnership with another governmental agency, a local
non-governmental organization or private enterprise provided that this
partnership is documented in a written agreement, such as a memorandum of
understanding, an intergovernmental agreement, a franchise agreement or other
contract vehicle, and:
(A) The agreement
specifies the local government's contribution to the partnership. The local
government's contribution must be more than nominal support. Examples of
sufficient contributions include supporting ordinances or waived fees,
including license fees, commitments to support volunteer recruitment,
requirements that a partner implements a program on behalf of a local
government, promotion that supports implementation of the partner
organization's project, facilitating community meetings or workshops to support
information exchange or project development, participation of local government
staff on organizational boards, and providing communications channels through
local government websites or other media; and
(B) The agreement specifies annual reporting
of outcomes, such as increased food diverted to food assistance programs, that
can be linked to the partnership and demonstrate year-to-year progress in food
rescue.
(d) Support must
be provided annually unless a local government provides funding or monetized
infrastructure support in an amount larger than that required under subsection
(8)(b) of this rule and the amount of that funding or monetized support, when
amortized over multiple years, is at least equivalent to the annual support
that the local government would otherwise provide.
(e) A city or county may comply with this
section (8) through compliance by its county or metropolitan service district
provided that the county- or metropolitan service district-supported food
rescue program either collects from sources of food in the city or county or
redistributes food to residents of the city or county.
Statutory/Other Authority: 459.045, 459A.025 &
468.020.
Statutes/Other Implemented: 459A.007, 459A.010 &
459A.050